SWAVELY, WILLIAM G. v. ZHOU, M.D., ZHANDONG

Memorandum:

Plaintiff, as executor of the estate of his mother (decedent), appeals from an order in this medical malpractice action denying his motion pursuant to CPLR 4404 (a) seeking to set aside the jury verdict as inconsistent and against the weight of the evidence. Decedent died after the right ventricle of her heart was lacerated during a pericardial window procedure (hereafter, surgery) performed by Zhandong Zhou, M.D. (defendant). The jury determined that defendant was negligent but that his negligence was not a substantial factor in causing decedent’s death. We note at the outset that…